The Duties of the Military Misunderstood
The distinction between the authority of the United States and that of the several States is so clearly defined that there can be no possible excuse for ignorance on that subject on the part of any officer of the army. But the relation between the civil and the military authorities of the United States had not been clearly defined, after the passage of the “Posse Comitatus Act,” until the order of May 25, 1894, was issued. But that can hardly excuse continued ignorance of the law a month or more after that order was issued; and it is worthy of note that at least one department commander showed himself familiar with the law before the order was issued, by correcting the mistake of a subordinate, which called attention to the necessity of issuing some such order.
Of course that order had the sanction of the President, after consideration and approval by the Attorney-General, before it was issued.
The acts of Congress creating the Pacific railroads and making them military roads justify and require that the government give them military protection whenever, in the judgment of the President, such protection is needed. It is not incumbent on the commander-in-chief of the army of the United States to call on civil courts and marshals to protect the military roads over which he proposes to move his troops, whether on foot or on horseback or in cars. It appears to have been almost forgotten that the transcontinental railroads were built, at great expense to the national treasury, mainly as a military bond between the Atlantic States and the Pacific States, and that this is by far their most important service, and this explains the meaning of the language employed by the acts of Congress creating them.
At the time of the massacre of Chinese laborers at Rock Springs, Wyoming, during President Cleveland’s first administration, I was ordered by the President to go to that place from Chicago and suppress that violation of the treaty obligations between this country and China. On my arrival at Omaha, I was informed by the press reporters that a grand conclave at Denver that night was to consider a proposition to order out all the train-men on the Union Pacific Railroad the next morning, for the purpose, as I understood, of preventing the passage of my train. I told the reporters they might telegraph those people in Denver, but not for publication, that I was traveling over a military road, on military duty, under orders from the commander-in-chief of the army; that interference with that journey would be regarded by me as an act of war, and would be so treated. I heard no more on that subject. That interpretation of the Pacific Railroad acts was suggested several times, but never officially accepted until 1894.